Civil Air Patrol Leave Act - Illinois

[xray328]

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2991&ChapterID=68

I find this a bit odd.  It states that the employer (with 50+ employees) is required to give up to 30 days unpaid leave to CAP members on missions.  It goes on to say that the employee should give 14 days notice.  When do we get 14 days notice for SAR missons?  Or is the word "mission" here being used loosely?  And if so what does a "mission" cover?  Training for instance?

I'm new to all this so forgive my ignorance in advance, thanks.

[TheSkyHornet]

A general summary of that piece of legislation....

Employers who have between 15 and 50 employees must provide up to 15 days of unpaid leave to Civil Air Patrol members out of the office due to missions. Employers who have more than 50 employees must provide up to 30 days of unpaid leave to Civil Air Patrol members out of the office due to missions.

Civil Air Patrol members must give at least 14 days notice if they are to be out of the office for 5 or more consecutive days. For leave of less than 5 consecutive days, advanced notice should be given as practical. Employers hold the right to request verification/certification as evidence to support approving leave.

Leave for Civil Air Patrol duties shall not be considered part of the employee's vacation or sick time nor any other leave the employer may grant. Employee benefits shall not be infringed upon due to Civil Air Patrol leave. Employees shall not be subjected to any punishment for taking Civil Air Patrol leaves of absence  under these rules.

Missions would be those defined by Civil Air Patrol.



____________________________________________________________________

To clarify this, there are cases where CAP members have gone off on CAP missions for extended periods of time, such as with Hurricane Katrina, where they are most definitely out of their office of employment for more than 5 consecutive days. However, this would require advanced notice of at least 2 weeks prior to leaving; CAP members are not obligated to deploy to an area of operations since it is voluntary.

What this act does is protect someone's employment if they volunteered with Civil Air Patrol for an extended mission longer than 5 days if they give proper notice, or less than 5 days if they do not give reasonable prior notice. It would be between the individual and the employer then to negotiate what is fair at that point.

I'm not agreeing or disagreeing with the act. Just explaining it based on how it is written, especially considering it's an awful website and probably very hard to read for some people.

[Flying Pig]

It would definitely be in the best interest of any CAP member who plans on taking advantage of this to have a sit down with their employer and come to an understanding.  The law can allow you to do one thing...... your employer...well....  Nothing says the reason they terminate you has to be listed as "participates to often in CAP".    These things are like restraining orders.  The law says your ex cant come over and if they do they'll get in big trouble after the fact.  It doesnt actually prevent them from doing anything. 

[TheSkyHornet]

It would definitely be in the best interest of any CAP member who plans on taking advantage of this to have a sit down with their employer and come to an understanding.  The law can allow you to do one thing...... your employer...well....  Nothing says the reason they terminate you has to be listed as "participates to often in CAP".    These things are like restraining orders.  The law says your ex cant come over and if they do they'll get in big trouble after the fact.  It doesnt actually prevent them from doing anything.

I think it's kind of along the lines of military duty, where you provide them with advanced notice so they can prepare for your absence, but they can't deny your leave. It sounds like an HR nightmare to me. I see good and bad in it, but I guess it requires time-tested proof to demonstrate its effectiveness.

[Shuman 14]

My 2 cents...

Is really about making our Nation and our communities stronger, safer and better for everyone.

If an employee gets called to assist with a SAR or USAF support mission, there really should be no question and there will be documentation to support the request for the leave.

Abusing this would be handing your boss your meeting schedule for the year and claiming a "weekly mission" to get off work.

Anything else in-between should be discussed and agreed upon before the event. Is going to a Conference a "mission" in the broadest sense? Yes... but I really doubt that was the letter or the intent of the law.

If it's not abused and everyone tries to play fair and be reasonable, I can only see this as a good thing for CAP.

[Storm Chaser]

Considering this is UNPAID leave, I doubt many will be abusing it.

[xray328]

Probably not. I could see attending NESA for a week a possibility though.  Technically not a mission but critical to "the mission".

[Майор Хаткевич]

Considering this is UNPAID leave, I doubt many will be abusing it.

Boss, got a mission in 2 days, won't be in!

2 days later: woohoo! Midnight Call of Duty release! And I didn't even have to use a sick day!

[SAREXinNY]

My work (not in Illinois) gives me five days of PAID leave each year.  I always make sure I thank both my immediate supervisor as well as the HR department when the leave is approved.  When I return I give them a quick run-down of what I did (with OPSEC in mind, of course)...just so they know my time away wasn't wasted.  So far, I've had no issues.

[sarmed1]

Considering this is UNPAID leave, I doubt many will be abusing it.

I once knew a guy that told his employer he was in the army reserve (technically true, he was IRR) and would turn in "orders" (that he made himself) just to get out of working weekends when he had things to do.  He was ok taking the time off for free (he would in theory just pick up OT somewhere else in the schedule), but it was an automatically approved time off request with no arguments, irregardless of how many other people put in PTO request,  called off or time frame of notice.  That is the potential for abuse.  Fake "orders" would be easy.  Even a fake phone number and supervisor (ie cheap cell phone and your buddy to call back as the "squadron commander")     Let alone once your membership expires (or even if it doesnt and you sit in patron status for ever)  the check and balance is pretty minimal.   Pretty much unless someone is going to tip them off you could scam this one for years and never contribute one iota to CAP. 

Dont get me wrong I agree that this is great for real honest contributing members of CAP, but there exists a huge possibility for abuse that could burn an employer less than enthusiastic about supporting the program/future employees. (ie held very strict to the letter of the law, or like mentioned above very critical of any non CAP related issues leading to your termination)

MK

[Holding Pattern]

Considering this is UNPAID leave, I doubt many will be abusing it.

I once knew a guy that told his employer he was in the army reserve (technically true, he was IRR) and would turn in "orders" (that he made himself) just to get out of working weekends when he had things to do.

Tell me, what were the penalties for that? I'm assuming that such a thing would be covered by the UCMJ, state laws, federal laws, employee handbook...

[Ned]

Tell me, what were the penalties for that? I'm assuming that such a thing would be covered by the UCMJ, state laws, federal laws, employee handbook...

Probably a False Official Statement under Article 107.  But probably a fairly low risk to get prosecuted from the IRR.  Don't have a unit commander, and all that.

I usually had the opposite problem.  My unit would issue genuine orders, but they were usually on ordinary typed/printed letterhead.  My HR folks would go "these look like you did them yourself.  How do we know they are real?" 

Or I would get VOCO orders to go someplace and do something.  HR would make a stink about those, too.  Eventually I convinced them that they (HR) don't get to decide what valid military orders look like.  They are free to verify them of course, but they cannot require that they have a particular format or seal.

Ned Lee
Retired Infantry Guy

[LSThiker]

Don't have a unit commander, and all that.

Technically, the unit commander is the HRC, Commander.  Although, yes, in reality, no commander. 

If an IRR soldier needs a commander's signature, the HRC-Commander or the Enlisted/Officer Personnel Director would be the signer of it.  IRR soldiers can still collect retirement points, promote, and retire as reserve personnel.  Every once in a while, I would see an IRR patch on a post.  Usually a person going to a school or just trying to get a few extra retirement points for a "Good Year".

[Flying Pig]

Considering this is UNPAID leave, I doubt many will be abusing it.

I once knew a guy that told his employer he was in the army reserve (technically true, he was IRR) and would turn in "orders" (that he made himself) just to get out of working weekends when he had things to do.

Tell me, what were the penalties for that? I'm assuming that such a thing would be covered by the UCMJ, state laws, federal laws, employee handbook...

I worked with a police officer who would do that.  He was promptly fired after a 16yr career.  Last time I saw him he was working at a used car dealership. 

[Holding Pattern]

Tell me, what were the penalties for that? I'm assuming that such a thing would be covered by the UCMJ, state laws, federal laws, employee handbook...

Probably a False Official Statement under Article 107.  But probably a fairly low risk to get prosecuted from the IRR.  Don't have a unit commander, and all that.

I usually had the opposite problem.  My unit would issue genuine orders, but they were usually on ordinary typed/printed letterhead.  My HR folks would go "these look like you did them yourself.  How do we know they are real?" 

Or I would get VOCO orders to go someplace and do something.  HR would make a stink about those, too.  Eventually I convinced them that they (HR) don't get to decide what valid military orders look like.  They are free to verify them of course, but they cannot require that they have a particular format or seal.

Ned Lee
Retired Infantry Guy

You know, if CAPNHQ would hurry up and issue our squadrons that holographic paper and hyperlaser printer, we wouldn't have this issue...

Oh yes, and PIV cards.

And a pony.